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Criminal Procedure Act 2011

Commencement of proceedings and preliminary steps - Filing a charging document

22: Certain charges to disclose range of penalties and previous convictions

You could also call this:

"Charges must tell you the possible penalties and if you've been in trouble for something similar before"

Illustration for Criminal Procedure Act 2011

When you are charged with a crime, the charge must tell you what penalties you might face if you are found guilty. The charge must also tell you the range of penalties for the crime. It must say if you have been convicted of the crime before, or a similar crime, which could mean a greater penalty.

If a charge says you have been convicted before, it does not change how the court handles the case, according to section 6(3) and section 50. The court can still consider any previous convictions when deciding your sentence. A charge cannot be dismissed just because it does not include all the required information about penalties and previous convictions.

The court can look at any previous convictions when deciding your sentence, as stated in section 142. This means the court can consider your past convictions, even if they are not included in the charge. You have the right to have the court consider all the information about your case when deciding your sentence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360064.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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21: Court may amend or divide alternative or representative charge, or

"The court can change or split charges to make things fair"

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23: Offence relating to false or misleading information in charging document, or

"Lying in official court documents can get you in big trouble"

Part 2Commencement of proceedings and preliminary steps
Filing a charging document

22Certain charges to disclose range of penalties and previous convictions

  1. This section applies if a defendant is charged with an offence for which the penalty is greater if the defendant has previously been convicted of that offence, or of some other offence.

  2. The charge must disclose—

  3. the range of penalties available on conviction for the offence; and
    1. the existence of any previous conviction or convictions which, if admitted by or proved against the defendant, would make the defendant liable to a greater penalty.

      1. To avoid doubt, if a charge discloses the existence of a previous conviction or convictions in accordance with this section, and as a result the offence is a category 3 offence in accordance with section 6(3), the provisions of section 50 apply in the ordinary way.

      2. A charge must not be dismissed solely on the grounds that it does not comply with subsection (2).

      3. Nothing in this section or section 142 affects the right of a court, when sentencing the defendant, to take any previous convictions into account.

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